Towards Symmetry in the Law of Branding

Tushnet, Rebecca

Abstract

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Towards Symmetry in the Law of Branding

Rebecca Tushnet

Georgetown University Law Center

2011

Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 21, pp. 971-982, 2011
Georgetown Law and Economics Research Paper No. 11-26

Abstract:
Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.

Number of Pages in PDF File: 13

Keywords: trademark, branding, advertising

JEL Classification: K00, K39, K19, K29

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Date posted: October 25, 2011

Suggested Citation

Tushnet, Rebecca, Towards Symmetry in the Law of Branding (2011). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 21, pp. 971-982, 2011; Georgetown Law and Economics Research Paper No. 11-26. Available at SSRN: http://ssrn.com/abstract=1949148

Contact Information

Rebecca Tushnet (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States